Law:

Section:

West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (1968) ----S. 2 (i) and S. O. 1 (1) (c)-Workman---Whether or not an em­ployee a workman-Determining factor: Nature of duties-Wages or designation merely not most important-Cost Accounts Officer­ Total emoluments Rs. 1,285 p.m.-Un-rebutted testimony of peti­tioner indicating requirement to do clerical work of routine character personally-Petitioner in circumstances, held, a work­man-Appointment letter indicative of appointment on probation for six months and probation subsequently further extended for three months-Petitioner in circumstances, held, had notwithstand­ing terms of appointment letter become a permanent workman on completion of three months initial probation period-Mere fact of initial probationary period of six months according to terms of appointment being extended held further, cannot give rise to inference that he had not satisfactorily completed three months probationary period-Termination of service of petitioner after about 8 months service considering him as a probationer, held further also, not sustainable--Back benefits-Question of Court must examine carefully and give reasons in support of its as to quantum of back benefits-Labour Court mechanically awarding full back benefits merely on basis that termination of service was wrongful ­termination, held further also, may be one of the factors but not the sole or even most important factor-- Other factors appropriately to be considered : (1) whether petitioner was not gain­fully employed elsewhere during intervening period and (2) whether proceedings unduly delayed by one or other party or due to actions of Court itself-Proceedings before Labour Court taken unduly long period of five years for reasons of appeal and suo motu revision before Appellate Tribunal-Petitioner stating to have been und& part-time employment during certain period of intervening gap -­Respondent a Government run industry-Labour Appellate Tribunal, in circumstances, modifying order of Labour Court and allowing back benefits to extent of 50%-Back benefits---Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A(5) & 37. Dost Muhammad…

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